Rules Amendment Page
The Rules Amendment Page provides an overview on pending proposals to amend and recent amendments to the Federal Rules of Evidence (FRE).
- Historical Overview: For a summary of the legislative history for the FRE from 1973 to the present, see the FRE Legislative History Overview Resource Page.
- Specific Amendments: Further information about specific amendments, including links to many legislative materials, is available by accessing the Legislative History Pages below by year. [Note: Overtime, more Legislative History Pages and Amendment Summaries will be added.]
- Original Enactment: In 1975, the Federal Rules of Evidence were enacted, after more than 15 years of drafting and consideration by judicial committees and Congress. For more information concerning the original enactment of the FRE in 1975, see the 1975 FRE Original Enactment Legislative History Page.
- Rule Amendment Process: While some FRE are enacted by Congress (such as FRE 502 in 2008 or the original FRE in 1975), most FRE are adopted under the Rules Enabling Act. For more information on the the key steps for amending the FRE under the Rules Enabling Act, see Background On The Rule-Making Process; see also James C. Duff, The Federal Rules Of Practice And Procedure Administrative Office Of The U.S. Courts (October 2010)
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II. Congressional Legislation Of Note, 112th Congress (2011 - 2012)
III. 2010: Amendment To FRE 804(b)(3)
IV. Congressional Legislation Of Note, 111th Congress (2009 - 2010)
V. 2008: Enacted Amendment: Establishing New FRE 502
VI. 2006: Enacted Amendments: FRE 404(a), FRE 408, FRE 606(b), FRE 609
VII. 2005: Amendments Considered
VIII. 2004: Proposed Amendment: FRE 804(b)(3)
IX. 2003: Enacted Amendment: FRE 608(b)
X. 1975: Original FRE Enactment And Amendments
XII. Background On The Rule-Making Process
I. 2011: Amendment: Restyling The Federal Rules Of Evidence (effective Dec. 1, 2011)
Information and links to primary materials on the Advisory Committee on Evidence Rules project to “restyle” the Federal Rules of Evidence. Under the Rules Enabling Act, the restyled rules became effective December 1, 2011.
- New: Text Of The Restyled Federal Rules Of Evidence (effective Dec. 1, 2011)
- Blog Posts On Restyling The Federal Rules Of Evidence
- On April 26, 2011, the Supreme Court approved amendments to restyle the FRE which became effective December 1, 2011 in the absence of any congressional action
- Report Of The Judicial Conference Committee On Rules Of Practice And Procedure To The Chief Justice Of The United States And Members Of The Judicial Conference Of The United States (Sept. 2010)
II. Congressional Legislation Of Note, 112th Congress (2011 - 2012)
III. 2010: Amendment To FRE 804(b)(3)
Includes an Amendment Action Timeline for the amendment, with links to many of the primary documents considered with the amendment. Under the Rules Enabling Act, the Amendment to FRE 804(b)(3) (Statement Against Interest) became effective December 1, 2010.
- Amendment Transmitted By Chief Justice John G. Roberts Jr. to the Congress (April 28, 2010)
- Blog Posts On the FRE 804(b)(3) Amendment (adopted Dec. 1, 2010)
IV. Congressional Legislation Of Note, 111th Congress (2009 - 2010)
During the 111th Congress, the following primary measures were considered:
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V. 2008: Enacted Amendment: Establishing New FRE 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver)
Rule 502:
VI. 2006: Enacted Amendments: FRE 404(a), FRE 408, FRE 606(b), FRE 609
In December 2006, four amendments became effective concerning FRE 404(a) (Character Evidence Generally), FRE 408 (Compromise and Offers to Compromise), FRE 606(b) (Competency of Juror as Witness: Inquiry Into Validity of Verdict or Indictment), FRE 609 (Impeachment by Evidence of Conviction of Crime).
VII. 2005: Amendments Considered
_____________VIII. 2004: Proposed Amendment: FRE 804(b)(3)
_____________IX. 2003: Enacted Amendment: FRE 608(b)
_____________X. 1975: Original FRE Enactment And Amendments
In 1975, three separate statutes affected the FRE: (1) On Jan. 2, 1975, Congress enacted the original FRE; (2) On July 1, 1975, Congress enacted some technical amendments to the FRE; and (3) On Oct. 16, 1975, Congress adopted FRE 801(d)(1)(C):
In 1975, the Federal Rules of Evidence were enacted, after more than 15 years of drafting and consideration by judicial committees and Congress.
After the 1975 enactment of the Federal Rules of Evidence, Congress approved legislation to make technical amendments to FRE 410 (Inadmissibility Of Pleas, Plea Discussions, and Related Statements), FRE 606(b) (Inquiry Into Validity Of Verdict Or Indictment), FRE 803(23) (Judgment Of Previous Conviction), FRE 804(b)(3) (Statement Against Interest), and FRE 1101(e) (Applicability Of Rules).
Adding Fed. R. Evid. 801(d)(1)(C) (Prior Identification)
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XI. Other Reports Of Interest
XII. Background On The Rule-Making Process
Information about the rule-making process, under the Rules Enabling Act, is not widely known. Some background information concerning this important process is available at the following links:
